Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-03-23
CLOSE OF THE CLEARY TRIAL.
of Counsel-The Case goes Il
the Jury

In the case of ex-Alderman Cleary, on trial In
View York Tor bribery in connection with the
broadway railroad franchise, the croSs-examina-
ton OF the defendant by Mr. Nicoll, or the prose-
cutiop- was concluded after The STARS report
,.insed Yesterday The defense then rested anG
the court took a recess After recess Cleary5
TWO daughters and his son sat beside their father
Katie the eldest, Is eighteen years Old and very
pretty. The ten-year old girl sat with her arm
around her fathers neck and the fifteen-year Ole
boy completed the group. An old woman created
a scene BY crowding up to the group and kissing
Miss clearly repeatedly. The latter did not know
n,r The woman had TO be forced away. She was
eyidentIy dementet No one knew her.
Mr.. Dougherty. OF Philadelphia, then began
his address TO the jury for the defense: He said
ne had always wished TO practice in New York,
hat had not courage to come here to gain fame.
The great preacher now dead came from Massa-
chus4tts; Choate and Eyarts and Colonel Fellows,
whose absence he regretted, were not native New
Workers. Even Mr.. Semple had been only two
years in New York. He was there to say the last
words that could be said for Thomas Cleary. He
was not there to capttvate, not to fiatter them
with rhetoric. He was there to perform a solemn
duty TO his client. He was firm believer In trial
they were biased, but could lay aside that bias.
He added: "My cod! Gentlemen can IL be pos
sble, Why is it that the oInnipotent power that
can lift up the l0wly and cast down the mighty
should seek 10 cause the people OF New YORK 10 so
pgdgeS n ss sv man ih ani den 1e
citation or these men has been TO purify. But why
has not this OmnipOtent power called for the
pure administration Of JUSTICE Why ,1 have
The legal powers are about to try Thomas Cleary.
Be still, and let the trial go on quietly and 1u-
deially and fairly. say this IS Violation OF the
rights OF man. do not know that IL Is the first pro-
vision of the constitution OF the state of New
York, but this do know, that 1t IS engraved Oh
the tablets OF the fundamental law OF the land
that the right of trial by jury snail be preserved
fnyiOlate forever" He said he would dwell upon
but one element OF the crime charged. The fall In
the Garden OF Eden told people that all were weak
The crime charged was by the code classed with
arson, incest or the deepest felony. That was no
reason why Cleary should be deprived OF the rights
of citizen. IL was not the law that the accused
was TO meet; IL was not civil case TO consider
points and decide them. Either the accused
was guilty or not gully. There was no
middle ground. The jury must examine the
design as lawful state officer he agreed and
asked TO receive a bride OF 10000 Tor his
official act as alderman felonio'isly. How
could he make an agreement without some
one to agree with? IL had not been shown
that any one agreed TO pay what the accused was
said to have agreed to receive. He presumed that
his honor would differ, but he submitted that
agreements We're either verbal or in writing. I'M
portant agreements were always in writing. This
was an important enough agreement To send
man To prison for 1t. He never cared 10 read Phil
adelphia papers, but always read New York pa
pers. He read that in the case OF Squire and
Flynn, soon TO be tried, there was written agree
ment between them.
After ten-minute recess Assistant District At
torney NicOli began his address to the jury be-
half OF the people. Mr. Nicoll closed at hal1-paSt
nine, having spoken just the allotted three hours.
Justice Barrett then proceeded 10 address the jury
first assuring the deienSe that he had read care
fully Seventy-nine propositions on which the de-
tense had asked him TO charge the jury. He would
endeavOr to charge on all the propositions without
repeating the yerDiage OF the requests
The charge occupied just one hour in delivery.
The jury retired at IL IL p. H., just seventeen
days OF actual work having been accomplished by
the court.